Court No. - 25 Case :- MISC. BENCH No. - 270 of 2010 Petitioner :- Ashok Kumar Shukla S/O Keshav Raj Shukla Respondent :- State Of U.P. Thru Prin. Secy. Home & Ors. Petitioner Counsel :- Nadeem Murtaza Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner and learned Additional Government
Advocate, who has accepted notice on behalf of opposite parties No. 1,2 & 3.
Under challenge is FIR relating to Case Crime No. 835 of 2009, under
Sections 363 & 366 IPC, police station Kurebhar, district Sultanpur.
We have gone through the contents of the FIR and the High School Certificate
of the prosecutrix, Upma Singh.
Argument advanced by learned counsel for petitioner is that petitioner has
married the prosecutrix,Upma Singh who is major as per her high school
certificate/Annexure No. 3 to the writ petition, wherein her date of birth has
been shown 1.4.1983
Since the petitioner and the prosecutrix/Upma Singh are major, as such, in
view of law laid down by the Apex Court in the case of Lata Singh Vs. State
of UP and another, reported in AIR 2006 SC 2522, they have got every right
to marry a person of their own choice.
Accordingly, let notice be issued to respondent No. 4 returnable at an early
date.
Opposite parties may file counter affidavit within six weeks. Rejoinder
affidavit, if any, may be filed by the petitioner within next two weeks.
List after expiry of aforesaid period.
We hereby direct that the petitioner shall not be arrested in the aforesaid case
crime number till the next date of listing, provided he cooperates with the
investigation, which shall go on.
Order Date :- 13.1.2010
R.P/